They cited new evidence that could suggest an encounter Weinstein had with actress Lucia Evans was consensual. She accused him of forcing her to perform oral sex on him in 2004. Weinstein has denied all allegations of sexual misconduct.

"Prosecutors would tell you that they really want Harvey Weinstein behind bars, and if there is any flaw that could give the jury doubt, they don't want it a part of their case," ABC News' Aaron Katersky tells us.

First lady Melania Trump opens up about her husband's administration, the #MeToo movement, her marriage and more in an ABC News special, "Being Melania -- The First Lady," airing tonight at 10 p.m. EST.

Remembering Matthew Shepard: Twenty years after he was murdered in a hate crime, Shepard's parents, Dennis and Judy Shepard, reflect on their son and how his killing was pivotal in the gay rights movement.

On this day in history:

Oct. 12, 2000 -- Suicide bombers damage the USS Cole in Yemen.

Today's must-see photo:

Amanda Logsdon begins the process of trying to clean up her home after the roof was blown off by the passing winds of Hurricane Michael, Oct. 11, 2018, in Panama City, Florida. (photo credit: Joe Raedle/Getty Images)